These terms of service (these “Terms”) govern your access to and use of the website (the “Site”) of Clixly (“Clixly”) at https://clix.ly/, including any content, functionality and services offered on or through the Site, or remotely through any Clixly applications (collectively, the “Services”), so please read them carefully before using the Services.
By using the Services, you agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. You also represent that you are of legal age to form a binding contract with Clixly and are not barred under any applicable laws from doing so. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms, in which case the term “you” shall refer to both you and the organization. If you do not meet these requirements, you must not access or use the Services.
1. Description of Services
Clixly allows you to share content by generating unique links that place your customized Sticky Bars at the top or bottom of the websites you share. These Services are provided solely to existing, current subscribers of leadPops.
2. Changes to these Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
3. Subscribing to the Services
To use this Service, you must be an existing leadPops subscriber. If, at any time, you cease to be a leadPops subscriber, your rights to Clixly Services is terminated immediately. In addition, regardless of the status of your leadPops subscription, we may terminate your subscription for cause as provided in these Terms. Any termination of your subscription may be communicated via either (i) email or (ii) a phone conversation followed up with a confirmatory email for documentation purposes.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the Services (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
4. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Clixly and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your own personal and organizational purposes only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site (other than your User Content as defined below), except as follows:
- Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal or business use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end user license agreement for such applications.
Other than with respect to your User Content, you must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
- Access or use any part of the Site other than for purposes of receiving the Services.
If you wish to make any use of material on the Services other than as set out in this section, please address your request to support@leadpops.com.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Clixly. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
5. Trademarks
The Clixly name and logo are trademarks of Clixly. You must not use this name and logo without the prior written permission of Clixly. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
6. Permitted and Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to bypass methods Clixly may use to prevent or restrict access to the Site or Services.
- Otherwise attempt to interfere with the proper working of the Site.
- Use the Site or Services for any purpose competitive to Clixly or its affiliates, or for the purpose of disparaging the Services.
- Scrape or copy profiles and information of other Site users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever.
- Market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.
- Use the Services for any purpose other than solely to generate marketing leads for your bona fide business.
7. Reliance on Site Contents and Services
Clixly disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.
We are not responsible for your compliance with industry rules and regulations in the use of our Services, including but not limited to, RESPA, TILA, Controlling the Assault of Non-Solicited Pornography and Marketing Act, Telemarketing and Consumer Fraud and Abuse Prevention Act, Telephone Consumer Protection Act, 47 U.S.C. § 227, or California Consumer Privacy Act. We will make commercially reasonable efforts to assist you with compliance with any such rules and regulations applicable to the use of our Service but such assistance should not be relied on as the sole source of compliance. You should seek independent advice from professional personnel to insure compliance.
8. User Content
Subject to your complete and ongoing compliance with these Terms, Clixly grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you are entitled subject to your subscription to leadPops and Clixly.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
9. Third Party Terms
Clixly provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on Clixly with an account on a third party service, such as Twitter or Facebook. By using one of these tools, you agree that Clixly may transfer that information to and from the applicable third party service. Third party services are not under Clixly’s control, and Clixly is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Clixly’s control, and Clixly is not responsible for their content.
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
Certain features of the Service may permit users to upload content to the Service, including photographs, text, graphics, links, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
By providing User Content to or via the Service, you grant Clixly a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, adapt, create derivative works of, reformat, translate, excerpt (in whole or in part), publish and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
10. User Content Representations and Warranties
Clixly disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
- You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Clixly and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Clixly, the Service, and these Terms;
- Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Clixly to violate any law or regulation; and
- Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
11. Monitoring and Enforcement
We have the right to:
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms, including our content standards, infringes any intellectual property right, threatens the personal safety of users of the Site and the public, or could create liability for Clixly.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate your subscription and/or your access to all or any part of the Services for any violation of these Terms, with immediate effect.
- Terminate your subscription to these Services, or the services of leadPops, for any reason or no reason, in our sole discretion. If we terminate your subscription to the Services other than for a violation of these Terms, we will provide you with three (3) days’ advance notice of termination.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS CLIXLY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CLIXLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CLIXLY OR LAW ENFORCEMENT AUTHORITIES.
However, you understand and agree that we can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
12. Termination
You have the right to terminate your Clixly account at any time by contacting us at support@leadpops.com. Upon termination of your account, your user profile will be removed from the Site, your User Content may be removed from the Site, and your User Content will not be available to you. However, you understand that Clixly is not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. Clixly has no obligation to maintain or provide User Content of a Clixly subscriber after account termination and may delete all content provided unless legally prohibited from doing so.
13. Content Standards
These content standards apply to any and all User Content and interactive services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities and/or sales other than as permitted by these Terms and your leadPops membership, such as contests, sweepstakes, and other sales promotions, barter, advertising or pyramid schemes.
- Give the impression that they emanate from us, if this is not the case.
14. Copyright Infringement
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email at copyright@leadpops.com.
15. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links provided by other users or contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policy for such websites.
16. Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER CLIXLY NOR ANYONE ASSOCIATED WITH CLIXLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CLIXLY NOR ANYONE ASSOCIATED WITH CLIXLY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CLIXLY AND ALL PARTIES ASSOCIATED WITH CLIXLY HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation of Liability
IN NO EVENT WILL CLIXLY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify, and hold harmless Clixly, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
20. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of California, and both parties consent to venue and personal jurisdiction there.
21. Waiver and Severability
No waiver of these Terms by Clixly shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Clixly to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
22. Mobile Application Terms
Clixly may make certain mobile applications available to you. The use of mobile applications either alone or in connection with the Services is governed by these Terms. In addition, you must comply with all applicable third party terms of agreement when using the mobile applications (for example, any agreement with a wireless service or wireless data provider). You agree that these Terms and the Privacy Policy are between you and Clixly, and that even if you receive access to Clixly through Apple, Inc.’s App Store or any other source (collectively, the “Distributor”) for use on a mobile device, the Distributor has no liability or responsibility whatsoever to you related to Clixly, whether by contract, warranty or otherwise, and you will look only to Clixly for any support relating to the Services. You may use the Clixly mobile application on a product that you own or control and as permitted by the usage rules set forth by the Distributor. The Distributor is not responsible for addressing any claims of any sort related to Clixly, and you must address any claims directly with Clixly. The Distributor and its subsidiaries have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
23. Miscellaneous
You may not assign any of your rights in these Terms, and any such attempt is void, but Clixly may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Clixly and you are not legal partners or agents; instead, our relationship is that of independent contractors.
24. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@leadpops.com.
Updated: January 16, 2020
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